What is constitution?

What is Constitution?
The definition of constitution is quite complex and has significantly evolved during the last
two centuries. According to the Western conception, constitution is the document that contains
the basic and fundamental law of the nation, setting out the organization of the government and
the principles of the society. Yet, although many countries have a written constitution, we
continue to see the phenomenon of “living constitution” in many parts of the world. As society
change, so do laws and regulations. Furthermore, in some cases there is no single document
that defines all aspects of the state, but rather several different documents and agreements that
define the power of the government and provide a comprehensive although not unitary legal
framework. Constitution has also been defined as:

 Basic norm (or law) of the state;

 System of integration and organization of norms and laws; and
 Organization of the government.

The constitution provides the foundation of the government, structuring the political
organization and guaranteeing individual and collective rights and freedoms

constitution refers to body of rules and laws, (written or unwritten) that determine the
organization of government and the distribution of powers and functions to various organs of
government, regulate the relationship among themselves and also between the state and its
individuals through general principles on which these powers are to be exercised. Constitution
is the mothers of all laws; all other ordinary laws are derived from and subjected to this blue
print. Hence, since constitution is supreme law of a land, any other law contradicted with the
provisions of the constitution becomes void or invalid.

Is that constitution refers constitutionalism?

The concepts of constitution and constitutionalism refer to the legal framework of a country.
While constitution is often defined as the “supreme law of a country,” constitutionalism is a
system of governance under which the power of the government is limited by the rule of law.
Constitutionalism recognizes the need of limiting concentration of power in order to protect
the rights of groups and individuals. In such system, the power of the government can be limited
by the constitution and by the provisions and regulations contained in it but also by other
measures and norms. In order to understand the two concepts as well as their similarities and
differences. it is important to understand their history and evolution. The idea of constitution
has changed significantly compared to the first examples seen in ancient Greece, while the
concept of constitutionalism has grown around the principle that the authority of the
government is derived from and limited by a set of rules and laws.

Rigid versus flexible constitutions

Another potentially useful categorization of constitutions is whether they are rigid or flexible.
This categorization refers to how easily a constitution can be amended and how easily the
constitutional landscape and framework can change. A constitution is said to be rigid when it
is difficult to amend or change. It is said to be flexible when it is more easily amended. The
advantages of a rigid constitution include the establishment of a stable and reliable legal
landscape, the heightened protection of constitutional rights and values, and perhaps
increasingly consistent enforceability of constitutional structures and provisions. Flexible
constitutions, in contrast, allow the constitution and the government to act and react more easily
as times change. They prevent future generations from being bound by past commitments when
it no longer serves the common good. They provide less protection, however, against actors or
parties in power who wish to change the constitution or diminish constitutional protections in
order to serve their self-interests. Amendments are further discussed below.
Written versus unwritten constitutions
A third distinction is sometimes drawn: whether a constitution is written or unwritten. This
distinction focuses on the nature of a constitution, whether entirely written down and specified
in a constitutional document, or whether itis a more nebulous body of laws contained in
precedent, tradition, customary laws and practice. Except for the United Kingdom, which is
the most often cited example of a polity with an unwritten constitution, many contemporary
constitutions are actually written. Nonetheless, while the distinction between written and
unwritten constitutions is an interesting lens through which to compare and contemplate
constitutions, in most countries established constitutional law has origins in and consists of
both a written constitutional document and unwritten norms, customs, and practices.

Purposes of constitution
It serves as a framework for Government: This means that the
constitution of state is a plan for organizing the operation of government which in turn
effectively guides the functions and powers of the executive, legislative and judicial bodies of
government. In other words, it is a brief and a general outline of duties and rights of
governments and also that of citizens.
2. It Limits the Powers of Government: In a constitutionally limited government, officials are
always abided by the constitution. i.e there is no decision or action that will be undertaken
arbitrarily and spontaneously rather every decision, act, or behavior is entertained according
to rules and laws that originate from the constitution. This subjection to the laws and rules from
the part of the government and the governed (the people) is coined as the rule of law.
3. It protects individual and collective rights of citizens: To protect the individual and
collective rights and freedoms of people, the constitution of a state lay down the relationship
between the state and the individual by making out the respective spheres of government on
the one hand, and the individual and collective rights and freedoms on the other.
4. It serves as the Supreme (Highest) Law of a Country: this implies that Constitution is the
source of and supreme over all laws in a country. i

Democracy
What is democracy? Explain at least five fundamental principles and values
of democracy
The oxford dictionary meaning “a system of government by the whole population or
all the eligible members of a state, typically through elected representatives."a system of
parliamentary democracy"”
Democracy literally means the government of the people or government of the majority.
Etymologically, the word democracy is derived from two Greek words: demos and kratos,
which means common people and rule (legitimate power to rule) respectively. In this case the
word democracy refers to the idea of rule by the people or government by the people. Hence,
in its original sense democracy means “rule by the people”. Gradually, however, the meaning
of this term is evolving and changing substantively. Hence, democracy may mean different
things for different people and in different times. You may have already heard about the most
common definition of

Principles of constitution
A. Popular Sovereignty
Popular sovereignty also means that the people have the right to withdraw their consent when
the government fails to fulfill its obligations under the constitution. On the other side, popular
sovereignty in democracy assumes the principle of majority rule, which means that within
constitutional limits, majorities should have the right to make political decisions. Such
decisions are made within the framework of regular elections and include the choice of who
should be elected to public office and what laws should be passed by legislative bodies.
B. Constitutional Supremacy
Constitutions are laws about the political procedures to be followed in making laws. They are
supreme laws, taking precedence over all others, and defining how all the others should be
made. Some analysts call them ‘meta-rules’ (rules about how to make rules), but the German
constitution calls them ‘the Basic Law’. As a mother of law, it is original law by which the
system of government is created, and to which the branches of government must look for all
their powers and authority. It is original because it is directly made by the people as the direct
expression of the will of the people.
C. Rule of Law
In contemporary time, almost in all countries, the concept of the rul e of law has been reflected
either in their constitutions or statutes. There are two aspects of the rule of law that are
important. First, the law should govern the people and the people should obey the law. And
second, the law must be capable of being obeyed (‘good’ laws). This made the rule of law
different from ‘rule of men’ where the people were ruled by ‘bad’ laws. In order to maintain
the rule of law, an institution, independent from the legislative or executive or other forces,
impartial and free fro m interference or influence is required. In this case, the rule of law is the
principle under which a government exercises its authority in accordance with clear, objective,
and publicly disclosed laws.
D. Secularism
Secularism referred to as an approach that asserts to dismiss or ignores God, the divine, the
supernatural, and other religious viewpoints when discussing or participating in politics.
Emphasis is placed on human excellence, potential, fulfillment, “actualization,” and so on,
instead of the Godly, providential, or spiritual dimensions of life. Contemporary expressions
of secularismoccur in the mainstream liberal media, business, public education, and social
organizations. In church and state matters, secularists demand a strict separation of religion and
politics, keeping prayer and religious instruction out of government, public schools, and other
common institutions.
E. Separation of Powers
The doctrine of separation of powers refers to the idea that political power should be divided
among several bodies or officers of the state as a precaution against too much concentration of
power. Most of the literature on federalism has emphasized the relationship between national
and subnational governments but overlooked the organization of sub-national powers.
Likewise, the debate on the separation of powers in presidential and parliamentary systems has
neglected the role of federalism in strengthening the separation of powers. A federal polity is
a constitutional arrangement that creates executive, legislative, and judicial branches of
government in its constituent units.
list and explain the role of at least four actors in democratization process
Political Parties
The centrality of political parties for modern democracy is generally accepted both by
contemporary scholars and by policy-makers charged with fostering the development of newly
emerging democracies or with improving the quality of democracy in established democratic
politics. Despite their relatively recent appearance on the political stage, par ties have put such
a strong mark on contemporary politics and democracy that twentieth century democracy could
be best described as party democracy.
Media
Mass Media and Democracy are always related to each other. Media is a mirror of the society
and how democratic a society is, can be represented through media. Opinion leaders influence
the public opinion regarding political leaders and political system of any country. Hence, media
has an influential role in strengthening democracy. Hence, media and democracy have strong
association. Countries which are strong democracies always have strong and free media.
Studies show that a free and democratic society is not possible without an independent, free
and responsible media and active civil society.

Civic Societies
Civil society is the set of civil rights, including primarily everyone’s right to participate in
public life. Civil society forms the backbone of democracy. Larry Diamond (1999: 220-221)
defines civil society as “the realm of organized social life that is open, voluntary, bound by a
legal order or set of shared rules”. Diamond stated that civil society encompasses “private
citizens acting collectively to make demands to the state or to express in the public sphere their
interests, preferences and ideas or to Civil society may comprise civic, issue-oriented, religious,
and educational interest groups and associations.